San Bernardino, CA Environmental Rules: Erosion Control (2026)
Key Facts
- SWQMP required before
- any grading/building permit
- State permit trigger
- 1 acre or more disturbed
- Hillside SWQMP trigger
- 10,000 sq ft, 25%+ slope
- Non-storm discharge notice
- 5 days before, to City Engineer
- Stop work order fee
- $1,000
- Max civil penalty
- $25,000/violation/day (court)
Summary
Builders in San Bernardino disturbing an acre or more must get a state construction storm water permit and file a local Storm Water Quality Management Plan before any grading or building permit issues, under Municipal Code § 8.80.501 and § 8.80.502.
Prior to the issuance of any grading or building permit, all qualifying land development/ redevelopment projects shall submit and have approved a storm water quality management plan (“SWQMP”) to the City Engineer on a form provided by the city... Any developer/owner engaging in construction activities which disturb one acre or more of land shall apply for coverage under the general storm water permit for construction activity with the State Water Resources Control Board (“SWRCB”)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-2: Supplement contains: Local legislation current through Ord. MC-1666, passed 8-5-2026).
Full Breakdown
501 requires every qualifying land development or redevelopment project to submit a Storm Water Quality Management Plan (SWQMP) to the City Engineer, identifying the best management practices that will control storm water and non-storm water pollutants during and after construction, before the city issues any grading or building permit. Qualifying projects include home subdivisions of ten units or more, commercial developments of 100,000 square feet or more, vehicle maintenance shops, food service developments of 5,000 square feet or more, hillside developments of 10,000 square feet or more on erosive soils or slopes of 25% or greater, and redevelopment projects adding 5,000 square feet or more of impervious surface.
502 separately requires any developer or owner disturbing one acre or more, or disturbing less than an acre as part of a larger common plan exceeding one acre, to obtain coverage under the State Water Resources Control Board's general construction storm water permit by filing a Notice of Intent and preparing a Storm Water Pollution Prevention Plan (SWPPP). Before the city issues any grading or construction permit, the developer must give the City Development Services Department a copy of the Waste Discharger Identification (WDID) number proving state coverage. 504.
Violations & Fines
Starting work without an approved SWQMP or before the required storm water quality management plan is submitted lets the City Engineer or Building Official issue a stop work order under § 8.80.603(B), which carries a $1,000 issuance fee and halts all work until the City Engineer authorizes resuming it in writing. Continuing violations bring administrative civil penalties up to $5,000 per day per violation under § 8.80.605, and the City Attorney can pursue Superior Court civil penalties of $3,000 to $25,000 per violation per day under § 8.80.702, plus a misdemeanor charge under § 8.80.703 carrying a fine of at least $3,000 and up to six months in jail.
Frequently Asked Questions
Do I need a stormwater plan to build a home subdivision in San Bernardino?
What size construction project needs the state stormwater permit?
What happens if grading starts before the SWQMP is approved?
Sources & Official References
Other rules in San Bernardino
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Erosion Control in Nearby Cities
How other cities in San Bernardino County handle erosion control.